This bibliography is intended to be suggestive of innovative studies of the law and legal processes in the several social sciences, rather than complete or systematic. Some of the most recent of important studies in the law are listed in the regular annotated bibliography of this issue of the ABS.
Get full access to this article
View all access options for this article.
References
1.
AllenL. E. “Beyond Document Retrieval Toward Information Retrieval,” Minn. Law R. 47 (April '63), 713–67. Presents a specific proposal for improving the drafting of legal documents so that some of the logical analysis of the contents can be performed automatically. Applications to sample sections of the federal tax law.
2.
ArensR.LasswellH. D.In Defense of Public Order: The Emerging Field of Sanction Law. New York: Columbia U. Press, 1961. The Lasswellian value system is framed against the many unresolved problems of legal sanctions.
3.
BartholomewP. C. “The Supreme Court and Modern Objectivity,” N. Y. State Bar J., 33 (June '61), 157–64. Problem of objectivity in judges' decisions may respond to new developments in electronic data processing.
4.
BurchardW. W. “Lawyers, Political Scientists, Sociologists and Concealed Microphones,” Amer. Sociological R., 32 (Dec. '58), 686–91. A study of differences in opinions among these groups as to prospective public reactions.
5.
CarlstonK. S.Law and Organization in World Society. Urbana: U. of Illinois Press, 1962, 356 pp. A blend of legal doctrine and organization theory leading toward a theory of law and order in world society. Theory is based on the subject of nationalization of concession agreements with foreign investors.
6.
CharlesW. H. “What is the Problem Method?” Canadian Bar R., 40 (May '62), 200–221. The Dewey-based problem-solving approach is used in the study of teaching of law.
7.
DergeD. R. “The Lawyer in the Indiana General Assembly,” Midwest J. of Pol. Sci., 6 (Feb. '62), 19–53. Surveys the characteristics and role of the lawyers generally and in the Indiana Assembly.
8.
DonnellyR. C.GoldsteinJ.SchwartzR. D.Criminal Law. New York: The Free Press of Glencoe, 1962. A fine marriage of behavioral science and law in its truly American sense as operational process.
9.
EvanW. M., ed. Law and Sociology. New York: The Free Press of Glencoe, 1962, 235 pp. Includes articles by D. Riesman: “Law and Sociology; Recruitment, Training, and Colleagueship”; Talcott Parsons: “Law and Social Control”; Fred Strodtbeck: ‘Social Process, the Law and Jury Functioning’; W. M. Evan: “Public and Private Legal Systems.”
10.
FisherF. M. “The Mathematical Analysis of Supreme Court Decisions: Use and Abuse of Quantitative Methods,” Amer. Pol. Sci. R., 52 (June '58), 321–38. Limitations of mathematical interpretations.
11.
FishmanJ. A.MorrisR. E. “Witnesses and Testimony at Trials and Hearings,” J. of Social Issues, 13 (2, 1957). An important collection on present law of testimony, psychology of witnesses, and needed researches.
12.
FrankJ.Court on Trial: Myth and Reality in American Justice. New York: Atheneum, 1963, 441 pp. paper. Reprint of a 1949 edition. A comprehensive examination of the working of American courts.
13.
FranklinJ. H.Jean Bodin and the Sixteenth-Century Revolution in the Methodology of Law and History. New York: Columbia U. Press, 1963, 163 pp. Traces the transformation by the French humanists from the exegesis of Roman law to a reconstruction of juristic science on a base of comparative and universal history. Also studies the beginnings of systematic philosophics of history and historical knowledge.
14.
FranklinM. A. “Medical Mass Screening Programs: A Legal Appraisal,” Cornell Law Q., 47 (Winter '62), 205–26. Social and personal benefit and injury problems in increasing use of tests (x-ray, glaucoma, cancer, etc.).
15.
GibbsJ. L.Jr. “The Kpelle Moot: A Therapeutic Model for the Informal Settlement of Disputes,” Africa, 33 (Jan. '63), 1–11. Description of a quasi-legal supplement to formal courts based on a covert application of the principles of psychoanalytic theory which underlie psychotherapy.
16.
GlueckS.Law and Psychiatry: Cold War or Entente Cordiale?Baltimore: Hopkins, 1962, 181 pp. An essay that attempts the integration of views of modern psychiatry and criminal law.
17.
HartH. M.Jr. “The Supreme Court, 1958 Term,” Harvard Law R., 73 (Nov. '59), 84–240. Analyzes the “time chart” of the justices—the volume of court business and the means it uses—and presents tables and summaries of cases, by type.
18.
HartH. M.Jr.McNaughtonJ. T. “Some Aspects of Evidence and Inference in the Law,” Daedalus, 87 (Fall '58), 40–64. Law is analyzed as “a science not only of what is but of what ought to be”; three problems are considered, the applying, elaborating, and making of legal decisions.
19.
HynemanC. S.The Supreme Court on Trial. New York: Atherton Press, 1963, 308 pp. Critical examination of the place of the Supreme Court in the American political system with particular emphasis on judicial review and the making of public policy. The segregation rulings are studied and the future of judicial power in our democratic system is assayed.
20.
IsraelJ. “On Charting a Course through the Mathematical Quagmire: The Future of Baker v. Carr,” Michigan Law R., 61 (Nov. '62), 107–46. Demonstrates that the future impact of the Tennessee reapportionment decision “may be far narrower than most commentators and many lower courts have anticipated.”
21.
JamesR. M. “Status and Competence of Jurors,” Amer. J. of Sociology, 64 (May '59), 563–70. Narrations on performance of real jurors of differing socioeconomic stations, deliberating on a mock trial.
22.
JonesH. W. “Law and the Idea of Mankind,” Columbia Law R., 62 (May '62), 753–72. Offers several major legal values applicable to all men.
23.
KadishS. H. “Legal Norms and Discretion in the Police and Sentencing Processes,” Harvard Law R., 75 (Mar. '62), 904–31. Cases of extensive police-discretion and analyses of problems raised for rule of law.
24.
KesslerR. A. “The Psychological Effects of the Judicial Robes,” Amer. Imago, 19 (Spring '62), 35–66. The robe as a symbol of unconscious, preconscious, and conscious levels. Its meanings to judges and to the public are conjectured.
25.
KortF. “Reply to Fisher's Mathematical Analysis of Supreme Court Decisions,” Amer. Pol. Sci. R., 52 (June '58), 339–48. More mathematical analysis is needed in ‘unsettled’ legal areas; argues that quantitative analysis makes a contribution if it can reveal patterns of consistency which cannot be detected by conventional qualitative evolution.
26.
LandmanJ. H. “The Curriculum of the Law School,” Amer. Bar Assoc. J., 48 (Feb. '61), 156–59. The young law school graduate is in fact incompetent to practice his profession; the “case method” of study should be replaced by the “problem method.”
27.
LasswellH. D. “Interplay of Economic, Political and Social Criteria in Legal Policy,” Vanderbilt Law R., 14 (March '61), 451–71. A brief introduction to Lasswellian analysis for legal scholars.
28.
LasswellH. D.FreedmanL. Z. “The Common Frontiers of Psychiatry and Law,” Amer. J. of Psychiatry, 117 (Dec. '60), 490–98. Common problems and an outline of promising lines of collaborative research in regions of personal distress and public disorganization.
29.
LawlorR. C. “What Computers Can Do: Analysis and Prediction of Judicial Decisions,” Amer. Bar Assoc. J., 49 (April '63), 337–44. Reviews the current status of studies; applies the method to right-to-counsel cases.
30.
LeflarR. A. “Some Observations Concerning Judicial Opinions,” Columbia Law R., 61 (May '61), 810–20. Canny remarks on the ways in which judges compose their audiences: the future, their colleagues, the bar, the press, etc.
31.
LizzitzynO. J. “International Law in a Divided World,” Int'l. Conciliation, 542 (Mar. '63), 60 pp. Deals with some of the major problems presented by the resurgence of interest in the field. Sees a slow erosion “of the extreme hostility to other systems of public order implicit in Communist ideology” and a concomitant increase in the role of law in relations between the West and Communist states. Newer and less developed nations appear to be neither as monolithic in their approach nor as adamant in their opposition to traditional norms as one might first believe.
32.
LoevingerL.et al. “Jurimetrics,” Law and Contemporary Problems, 28 (Winter '63), 1–270. A symposium, including articles by L. Loevinger, “Jurimetrics: The Methodology of Legal Inquiry”; D. A. Kerimov, “Cybernetics and Soviet Jurisprudence”; W. B. Eldridge and S. F. Dennis, “The Computer as a Tool for Legal Research”; S. S. Ulmer, “Quantitative Analysis of Judicial Processes”; L. E. Allen and M. E. Caldwell, “Modern Logic and Judicial Decision Making: A Sketch of One View.”
33.
McCarthyD. G.Psychology and the Law. Englewood Cliffs: Prentice Hall, 1960. How lawyers can and have used psychology to acquire facts withheld by clients and to develop interviewing and examining techniques that will discover preferences and prejudices of clients; discusses motives, intention, bias, habits, etc.
34.
MacaulayS. “Non-Contractual Relations in Business: A Preliminary Study,” Amer. Sociological R., 28 (Feb. '63), 55–67. Contract law is found to be often ignored in business transactions. Discusses the creation of exchange relationships, their adjustment and the settling of disputes; explains why relatively non-contractual practices are so common.
35.
McDougalM. S.FelicianoF. P.Law and Minimum World Order: The Legal Revolution and International Coercion. New Haven: Yale, 1961. Objectives, implications, applications, and inherent problems of sanctions.
36.
McDougalM. S.LasswellH. D.VlasicI. A.SmithJ. C. “The Enjoyment and Acquisition of Resources in Outer Space,” U. of Penn. Law R. (Mar. '63), 521–636. A comprehensive review of “the more prominent features of the probable process of interaction for their potential significance to claim, policy, and decision.” The article comprises a chapter from the forthcoming book, Law and Public Order in Space. The description of potential space resources, especially the celestial bodies and their range of possible uses, is unique.
37.
McDougalM. S.LipsonL. “Perspectives for a Law of Outer Space,” Amer. J. of Int'l Law, 52 (July '58), 407–31. Legal speculation is approaching escape velocity but is strongly marked by earthly origins.
38.
MeltonJ. S.BensingR. C. “Searching Legal Literature Electronically: Results of a Test Program,” Minn. Law R., 45 (Dec. '60), 229–58. Theory and procedures of a system in which a computer supplies answers, in form of citations, to questions ranging from a request for cases concerning certain specific words to requests for cases containing legal concepts.
39.
MillerA. S.HowellR. F. “The Myth of Neutrality in Constitutional Adjudication,” U. of Chicago Law R., 27 (Summer '60), 661–95. Draws on social scientific knowledge of decision-making and other evidence to suggest that “neutrality, save on a superficial and elementary level, is a futile quest; that it should be recognized as such; and that it is more useful to search for the values that can be furthered by the judicial process than for allegedly neutral or impersonal principles which operate within that process.”
40.
MorrisC. “Justice and Scientific Method,” Columbia Law R., 60 (Nov. '60), 936–43. The quest for justice is only in part like the search for scientific truth; “The understanding and promotion of justice is … a humanistic enterprise … in the sense that a theory of justice divorced from social origins and general aspirations entrusts men's fate to … dictators.”
41.
NagelS. S. “Ethnic Affiliation and Judicial Propensities,” J. of Pol., 24 (Feb. '62), 92–110. Statistical analysis of 298 state and federal supreme court judges revealing several “Catholic” and several “English-origin” propensities in decisions.
42.
NiceR. W., ed. Criminal Psychology. New York: Philosophical Library, 1962. Symposium on application of psychologic principles to criminal correction and criminal justice.
43.
PatternE. W.Law in a Scientific Age. New York: Columbia U. Press, 1963, 87 pp. Three lectures dealing with the relationship between the evaluation process of justification and the scientific inferences to be drawn from factual generalizations.
44.
ProbertW. “Law and Persuasion: The Language Behavior of Lawyers,” U. of Penn. Law R., 103 (Nov. '59), 35–58. Semantics of legal language, “something other than a matter of logic, yet something more than oratory.”
45.
RedmountR. S. “Attorney Personalities and Some Psychological Aspects of Legal Consultation,” U. of Penn. Law R., 109 (May '61), 972–90. Little-resolved ways in which the “law” and the clients' condition are affected by the position, traits, responsibility of his attorney.
46.
ReidJ. “Doe Did Not Sit—the Creation of Opinions by an Artist,” Columbia Law R., 63 (Jan. '63), 59–71. A study of the methods by which a noted New Hampshire justice wrote his—and others'—opinions.
47.
RemingtonF. J. “Criminal Justice Research,” J. of Criminal Law, Criminology and Police Sci., 51 (May-June '60), 7–18. Surveys such research, finds a lack of attention to problems that seldom reach appellate courts, little concern with administrative aspects of criminal law.
48.
RichardsonJ. R.Modern Scientific Evidence. Cincinnati: Anderson, 1961. Civil and criminal weight and sufficiency admissability, objectives of law and science, scientific tests and experiments and specific methods of proof.
49.
ScherJ. M.BaurA. K.SchmidebergM. “Forensic Psychiatry: Uses and Limitations,” Northwestern U. Law R., 57 (March-April '62), 1–28. A symposium on use of experts, legal responsibility of mentally ill, and role of psychiatry.
50.
SchubertG. A.Quantitative Analysis of Judicial Behavior. Glencoe: The Free Press, 1959. A seminal work in the behavioral study of the judicial decisions-making process. Gives considerable attention to the relations of values of judges to their decisions.
51.
SchubertG. A. “The Study of Judicial Decision-making as an Aspects of Political Behavior,” Amer. Pol. Sci. R., 52 (Dec. '58), 1007–25. Discusses means and techniques; with analysis of split decisions, scalograms, content, game analysis. Proposes hypotheses and areas for study.
52.
SchurE. M. “Scientific Method and the Criminal Trial Decision,” Social Research, 25 (Summer '58), 173–90. Obstacles to application of scientific method in determining guilt or innocence.
53.
ShapiroM. “Morals and the Courts: The Reluctant Crusaders,” Minn. Law R., 45 (May 61), 897–961. Inadequacies of case method study as applied to moral judgments.
54.
SilvingH. “Psychoanalysis and the Criminal Law,” J. of Criminal Law, Criminology and Police Sci., 51 (May-June '60), 19–33. Psychoanalytic findings cast new light on the problem of responsibility and on some of the assumptions and methods of criminal law, but such findings must be carefully applied to maintain consistency with aims of constitutional democratic society.
55.
SpaethH. J. “Judicial Power as a Variable Motivating Supreme Court Behavior,” Midwest J. of Pol. Sci., 6 (Feb. '62), 54–82. Another step in the quantitative analysis of judicial behavior; establishes an empirically verifiable dominant variable, Supreme Court activism/restraint; presents data on specific responses of individual justices to the dominant variable.
56.
UlmerS. S. “Analysis of Behavior Patterns in the United States Supreme Court,” J. of Pol., 22 (Nov. '60), 629–53. Some analytic methods applied to civil liberties decisions in the 1958 term suggest “cohesive blocs” of justices in such cases. Social-psychological factors are one consideration in predicting judicial behavior.
57.
WasserstromR. A.The Judicial Decision. Stanford: Stanford U. Press, 1961. Compares problems of justification in law with those of justification in ethics.
58.
WestinA. F. “Out-of-Court Commentary by United States Supreme Court Justices, 1790–1962: of Free Speech and Judicial Lockjaw,” Columbia Law R., 62 (April '62), 631–69. Relates to effect of an occupation's role on its pubblic behavior.
59.
YablonskyL. “The Role of Law and Social Science in the Juvenile Court,” J. of Criminal Law, Criminology and Police Sci., 53 (Dec. '62), 426–36. Describes the current form and operation of the juvenile courts and the potential and actual broad impact of sociology and psychology.
60.
ZeiselH. “The Uniqueness of Survey Evidence,” Cornell Law Q., 45 (Winter '60), 322–46. Value and limitations of survey data as legal evidence, “sampling error and the law,” ‘survey interviewers as witnesses,’ “impeachment of surveys”—concluding with safeguards that would permit objective court appraisal of survey evidence.
